On the other hand, the major disadvantages of an unwritten constitution are the possibility of frequent changes, inadequate protection of minorities, ease of manipulation and abuse, its indefinite nature and lack of clarity regarding the separation of the powers of government. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. The constitution of the Republic of South Africa 1996 which is called the birth certificate of a new South Africa states the hopes and aspirations of the nation torn apart by apartheid. On the other hand, another advantage of a written constitution is that it would end elective dictatorship, where, as long as a government is elected, it can effectively do as it wishes because it often maintains a majority over the House of Commons and therefore can pass any laws it wishes to. Difficult to ascertain the unconstitutionality of an act, 3. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. A written constitution is precisely a charter that has been codified, in that the rules and regulations that citizens must abide by are stated in a single document format. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. The diversity of each countrys political practices, from political participation to governmental structure, while varying between them, still uphold the values of liberal democracy that allow these nations to succeed today. Historically, Constitutions have held the incentive to be written in order to prevent the rule of absolute monarchs: US Constitution 1787, the French Declaration of Rights of Man and Citizen in 1789 and the UK Bill of Rights in 1689. Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. 1. During this period the English Parliament had passed several. Among the advantages of the unwritten constitution is its ability to remain relevant to the needs of the people. After time most of these old provisions are ignored or never used in a modern society, since they are not relevant to the needs of the people. the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. This creates room for anyone to assume powers that do not belong to them under the constitution. The fundamental rights or the right to life are outlined. Introduction Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 Then share it on your favourite social media platform for the benefit of others you care about. The result is that the people feel much closer to their government and are more willing to participate in the political process. Copyright 2023 Bscholarly LLC. Once criminal elements know which judges are in debt, they can easily reach out financially to these judges, and of course for favors in return. Some of the major disadvantages of a written constitution include: Cast in stone. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. There was also consultation with the leader of the opposition, because the support of the opposition was needed to make any kind of amendment to the proposed constitution. This took place at Constitutional, Following the American Revolution, colonists faced the issue of creating a new form of government and order for their newly created country. A. Ralph teaches English for Academic Purposes (EAP) online. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. A majority is needed in Parliament to attempt any kind of modification. It is misleading to call the British constitution unwritten; a more precise form of . Flexible and responsive to changing circumstances. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. There must be parameters established for any country to govern . Order custom essay Advantages and Disadvantages of an Unwritten Constituion Scholars This is another key advantage of a written constitution you should know. Israel, it is reported, has an unwritten constitution. Sometimes it is hard to do all the work on your own. Secondly, an unwritten constitution allows for quick decision-making. Try again Many changes in the constitution were made to please the people who once had suffered tyrannies. We are now going to identify the major advantages of unwritten constitutions. Written - gives undemocratically elected judges a lot of power 4. cookie policy. Because these judges had the power to drop these cases and were not accountable to any political directorate, they had no choice but to throw the cases out, else they and their families would have face executions by the drug cartel. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. There are arguments as to whether an unwritten constitution is the best type of constitution or not. Judges had to drop charges against any member of this Cartel if they ever went to court because the Cartel Bosses threaten the judges with violence and death. Get expert help in mere The Government was not able to get this majority, so they are stuck within the confines of their old constitution. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. Read the truth as to whether lawyers are liars here, How to Network as a Student in College/University: 10 Networking Tips, Lawyers or Teachers, Who is More Important/Better? Written - prevents discussion 3. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. It is flexible and adaptable to different customs, and since the British population is more diverse now than ever with immigrants from all different societies, cultures and races, this is important. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. Often times referred to as the framework of our nations government, the U.S. Constitution is open for interpretation and only serves as a guideline thus meaning that there is no correct or incorrect standpoint on the issue of relevancy. I will earn a commission if you follow a link to purchase a product. States that have codified constitutions normally give the constitution supremacy over ordinary statute law. As a result of being partly written and partly unwritten, most unwritten constitutions rely on many practices or conventions, that is, constitutional practices which are not necessarily legal rules (E.g the constitution of Britain). In addition, this system recognizes a citizen's right to exit a state. cite it. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. The Constitution is not an elitist document because of the equal benefits provided to man, the need of social classes, and the check of power. Hope this article was helpful? Althou. Retrieved from https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Hire skilled expert and get original paper in 3+ hours, Run a free check or have your essay done for you, Didn`t find the right sample? Other core principles of the British Constitution include the rule of law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary. The reason for this is that in many cases, all parties involved only need to come to a consensus to change a certain procedure or convention. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. The laws have been flexible to allow Muslim men to have more than one wife in British society. Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. 2. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. It can be used for implementing programmes that will improve the living standards of the citizenry. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. 10 minutes with: Advantages and Disadvantages of an Unwritten Constituion, Explore how the human body functions as one unit in harmony in order to life //= $post_title As you many know, a good constitution is supposed to be clear, unambiguous and certain. These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. It is believed that the safest nations have very strict gun control laws. We can see here that government is capable to enact laws, using the power of the Crown with the Parliament of course, which no other body can challenge, and the judiciary based in these statutes and laws can make also the precedents or else common. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. Hence, one must consider the advantages and disadvantages of a written constitution to establish a judgement on whether the introduction of a written constitution in Britain is a beneficial concept to acquire. By virtue a politician is accountable to the people and in a democratic country like Trinidad and Tobago if one is not satisfied by a Member of Parliament he can take action, as was the case when a Muslimeen member was disgruntled because his daughter could not attend a Catholic School with her traditional Muslim garb. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. The constitution of Britain is the best example of an unwritten constitution. However, due to the difference in perspective of how the nation should be governed, the Congress had a difficult time convincing the states to sign the constitution. This becomes a problem in multi-ethnic or multi-racial societies like Nigeria, India, South Africa and the United States of America where such needs have to be entrenched in written clauses. With written constitutions a higher law is more difficult to change and it is easier and quicker to introduce an Act of Parliament than to alter a constitution.